A group of former Republican lawmakers and a few Democrats sent a letter of support for former FBI Director James Comey's case, alleging that prosecutor Lindsey Halligan is an illegitimate U.S. attorney without the power to properly indict.
"Amici respectfully submit that the Administration’s appointment of Lindsey Halligan as United States Attorney for the Eastern District of Virginia violates the letter and the spirit of the Appointments Clause and the statutes that implement it," the group wrote, citing the relevant statutes.
"The Administration’s appointment of Ms. Halligan—which involved stacking numerous interim appointments under § 546 without obtaining the Senate’s advice and consent—appears designed to circumvent the public hearing and accountability that Senate confirmation requires," the filing continues. "Indeed, the publicly reported facts surrounding Ms. Halligan’s appointment reflect precisely the sort of dangers that can arise when the advice and consent requirement is disregarded. Amici urge the Court to reject this transparent attempt to sidestep the Appointments Clause with respect to Ms. Halligan and to grant Defendant’s request for relief."
The letter goes on to recall that "the grand jury voted to indict Mr. Comey with respect to only two out of three charges Ms. Halligan had sought. Ms. Halligan was the only prosecutor to present the case to the grand jury and was the only prosecutor to sign the indictment."
Former Reps. Barbara Comstock (R-VA), Mickey Edwards (R-OK), Wayne Gilchrest (R-MD), Jim Greenwood (R-PA), Tom Petri (R-WI), Christopher Shays (R-CT) and David Trott (R-MI) joined with three former Democratic members of Congress in an amicus brief, or "friend of the court" filing.
